1986 Law Govern Facebook Evidence?

Here is a post about a judge who decided that an attorney couldn’t use evidence gleaned from an artist’s Facebook profile.  The artist was suing an apparel company for including his designs on products allegedly beyond the scope of their agreement and the company’s attorney wanted to admit evidence from the artist’s Facebook page showing he was delighted it was being included on such products.

Applies old electronic communications law

And the judge says that because the artist had set his privacy settings for “friends only” that his posts were private.  This of course goes against another judge’s ruling that private postings could be shared.  This is likely to be a hot topic going forwards.

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